HARARE – The wife of Prophetic Healing and Deliverance (PHD) Ministries founder Walter Magaya has been granted bail after a court ruled that there were no compelling reasons to keep her in custody.
Harare magistrate Marehwanazvo Gofa granted Tendai Magaya bail on Tuesday, saying the state had failed to demonstrate that she was a flight risk or that she would interfere with witnesses.
Tendai and her husband are facing 13 counts of fraud linked to a church housing project that allegedly never materialised.
Through their companies Planet Africa (Pvt) Ltd and Yadah Connect (Pvt) Ltd — both represented in court by Tatenda Chinguwa who is the operations manager for the two entities — the couple allegedly received $50,000 and R190,000 from homeseekers after they falsely claimed to have acquired land for residential stands and investment projects across the country, including in Chishawasha, Norton, Westgate, Fern Valley (Mutare), Bulawayo, Kwekwe, Arcturus, Ruwa, Manyame and Nyatsime.
They were arrested on November 1 and taken to court on November 3 for their initial appearance. Their lawyers said they had been over detained by police by several hours beyond the 48 hours permitted under the constitution, but the court said this was not grounds to order their freedom.
They deny the charges.
Magaya, who is separately charged with five counts of rape involving two women, did not seek bail in the fraud matter after his lawyer Admire Rubaya said they would seek bail at the High Court in both matters.
Gofa acknowledged the seriousness of the charges Tendai faces but said this alone was not enough to deny her bail.
“The accused person is not a flight risk. If the state started investigating her in 2023, it shows she has been aware of the case and could have fled to the UK, South Africa or any other country,” she said.
“Denying her bail in these circumstances would be a travesty of justice — it defies common sense.”
The magistrate said the fears raised by the prosecution could be addressed through conditions.
She was ordered to deposit US$500, report once a fortnight at ZRP Waterfalls, continue residing at her given address, not interfere with witnesses, and surrender her passport. She was remanded to November 18, along with her husband.
Prosecutor Anesu Chimbari had opposed bail, arguing that Tendai — described as a “woman of means” — was likely to abscond due to her financial resources and the church’s international reach.
“Our borders are porous, and many people have left Zimbabwe without passports. Therefore, the likelihood of abscondment is there,” Chimbari told the court.
He also said Tendai and Chinguwa wielded significant authority in the church and could influence witnesses.
Defence lawyer Rubaya, however, dismissed the state’s fears as speculative.
“The state says she may interfere with witnesses — ‘may’ does not work in their favour,” he argued.
“If they fear interference, then the witnesses should simply stay away from the church. Why would they attend a church of people they call fraudsters anyway?”
Rubaya said the prosecution was treating Tendai as if she had already been convicted, adding that bail should not be denied on the basis of assumptions.
“It’s a shame that the state blames porous borders — they are the ones who should secure them. She has a valid passport and has shown no intention to flee,” he said.
“Bail should not be denied merely because the accused may commit more offences. There is also a possibility of acquittal, which the state conveniently ignores.”
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